United States Ninth Circuit

In an action brought by an owner and operator of natural gas pipelines seeking to go forward with a planned natural gas pipeline serving Phoenix, denial of its motion for a preliminary injunction seeking immediate possession of defendants-landowners' parcels of land is affirmed where, until an order of condemnation issues pursuant to the requirements of section 717f(h) of the Natural Gas Act (NGA), plaintiff has no substantive right of possession.

Appellate Information

• Decided 12/11/2008
• Published 12/11/2008

Judges

• HALL, Senior Circuit Judge:, Before:  HARRY PREGERSON, CYNTHIA HOLCOMB HALL and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John C. Lemaster, Ryley Carlock & Applewhite, Phoenix, AZ, and Jeffrey L. Hinds, Bricklemyer Smolker & Bolves, P.A., Tampa, FL, for the appellant., Kenneth B. Bley, Cox, Castle & Nicholson LLP, Los Angeles, CA, for the amici curiae.


• For Appellees:
  
• Steven A. Hirsch, Bryan Cave LLP, Phoenix, AZ, for the appellees.